what - Search | Prison Legal News

Dawson v. Newman-419 F.3d 656 (7th Cir. 2005)

Case • 2005

alleged failure to act is entitled to absolute immunity. Dawson's claims against Judge Newman are premised upon an alleged violation of what Dawson contends is a personal statutory duty of the judge, which ...

Neumeyer v. Beard-421 F.3d 210 (3rd Cir. 2005)

Case • 2005

and detention program in part because it vested ultimate decision of what vehicles to stop in "the unbridled discretion of law enforcement officials . . . in the field"). [48] Although the lack ...

Hoevenaar v. Lazaroff-422 F.3d 366 (6th Cir. 2005)

Case • 2005

an analysis of whether the regulation in issue was the least restrictive means of furthering the government's compelling security interest, the district court did just what the Supreme Court and Congress have ...

Padgett v. Ferrero-294 F.Supp.2d 1338 (N.D.Ga. 2003)

Case • 2003

to comply with the mandate of the Fourth Amendment. What is reasonable "depends on all of the circumstances surrounding the search or seizure and the nature of the search or seizure itself ...

Odenwalt v. Gillis-327 F.Supp.2d 502 (M.D.Pa. 2004)

Case • 2004

the regulation has a `valid, rational connection' to a legitimate governmental interest; whether alternative means are open to inmates to exercise the asserted right; what impact an accommodation of the right ...

Osborne v. District Attorneys Office for the Thir-423 F.3d 1050 (9th Cir. 2005)

Case • 2005

corpus." Preiser, 411 U.S. at 500. They continued in Heck, where the Court enunciated what has become known as the "favorable termination" requirement: Where a prisoner's § 1983 action, if successful ...

Ashelman v. Pope-793 F.2d 1072 (9th Cir. 1986)

Case • 1986

these policies. See Gregory v. Thompson, 500 F.2d 59, 63 (9th Cir. 1974)(what constitutes conduct falling within the scope of immunity must be determined in part by looking at the purposes underlying the doctrine ...

Hawks v. Timms-35 F.Supp.2d 464 (D MD 1999)

Case • 1999

. At least as to the 1994 arrest, as a result of which Hawks was convicted of serious offenses, the Court has been told nothing of the background of the arrest, [**8] beginning with what was presumably ...

Davis v. District of Columbia-158 F.3d 1342 (DC Cir. 1998)

Case • 1998

] As for plaintiff's claim for declaratory relief, it lacks what is necessary for standing to assert any claim to forward-looking relief-some allegation from which one might infer a "real and immediate" threat ...

McClendon v. City of Albuquerque-29 F.Supp.2d 1267 (D NM 1996)

Case • 1996

, the parties agree that they will not be adequately prepared to proceed with what essentially amounts to a trial on the merits on November 4, 1996. Counsel and the Court believe that without adequate discovery ...

Gomez v. Chandler-163 F.3d 921 (5th Cir. 1999)

Case • 1999

was "Abrasions"; following the preprinted question "Was the inmate treated for injury" the "yes" block is checked as is the block indicating this was done at "Unit Infirmary" (what treatment was given ...

White v. Phillips-34 F.Supp.2d 1038 (WD LA 1998)

Case • 1998

] This result better accounts for the concern with fundamental fairness embodied in Ã§ 1983. A simpler example illustrates this point. What if the prison had detained White two months beyond his prison term ...

Daily v. Monte-26 F.Supp.2d 984 (ED Mich. 1998)

Case • 1998

, but that Pasini and Love "were both aware of what was going on in there . . ." (Pl's Dep. at 90). Finally, when Plaintiff was assaulted on November 7, 1994, he claims that he again requested to be transferred due ...

Mahers v. Hedgepeth-32 F.3d 619 (8th Cir. 1994)

Case • 1994

as one of the sanctions. [17] One may question what such forfeiture meant. Ramirez is serving a life term and was not entitled to good time allowances under 18 U.S.C. § 4161 or § 4162 (repealed ...

Norman v. Taylor-9 F.3d 1078 (4th Cir. 1993)

Case • 1993

inviting Norman to submit affidavits "that show that [the parties] truly disagree about one or more important facts present in this case," but what turned out to be the pivotal question -- were you creating ...

Smith v. Barry-985 F.2d 180 (4th Cir. 1993)

Case • 1993

. 312, 316-17, 101 L. Ed. 2d 285, 108 S. Ct. 2405 (1988); Foman v. Davis, 371 U.S. 178, 181-82, 9 L. Ed. 2d 222, 83 S. Ct. 227 (1962). If a "litigant's action is the functional equivalent of what the rule ...

Hook v. State of Arizona-98 F.3d 1177 (9th Cir. 1996)

Case • 1996

Rufo v. Inmates of Suffolk County Jail, 502 U.S. 367, 391 (1992), the district court would do well to heed the views of the state prison authorities as to what constitutes a suitably tailored ...

Bass v. Coughlin-800 F. Supp. 1066 (ND NY 1991)

Case • 1991

that the issue must be examined in a particularized sense: "The contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right ...

Hoque v. Bruce-279 Kan, 848; 113 P.3d 234 (Kansas 2005)

Case • 2005

segregation beyond what was authorized by regulation does not constitute a significant and atypical hardship on the prisoner as described in Amos; therefore, we find Hogue's due process rights were not violated ...

Ortiz v. McBride-323 F.3d 191 (2nd Cir. 2003)

Case • 2003

liberty interests were potentially implicated by his 90-day segregation in what the plaintiff alleges to have been unusually harsh conditions. We order that counsel be appointed, that additional briefing ...